Wednesday, 30 Jun 2021

Written Answers Nos. 172-186

Apprenticeship Programmes

Questions (172)

Rose Conway-Walsh

Question:

172. Deputy Rose Conway-Walsh asked the Minister for Further and Higher Education, Research, Innovation and Science if the apprenticeship incentivisation scheme is funded from the National Training Fund; the expenditure in 2020 and to date in 2021; the number of registered apprentices and the percent for which the financial support was received in both 2020 and 2021; the breakdown between craft and consortia-led apprenticeships; and if he will make a statement on the matter. [35015/21]

Written answers

Minister for Further and Higher Education, Research, Innovation and Science

The Apprenticeship Incentivisation Scheme comprises a €2,000 payment when employers register a new apprentice, followed by an additional €1,000 payment one year later where that apprentice is retained. The scheme was initially approved under the July Jobs Stimulus and extended in Budget 2021 for apprentices registering between March 2020 and June 2021. The Minister announced the expansion of the scheme to apprentices registered before the end of 2021 on the 23rd June. The scheme is currently funded from the National Training Fund.

The intention of the scheme is to ensure that apprenticeship will play a key part in supporting economic recovery at the reopening of the economy following COVID-19. It had been anticipated that the initial duration and subsequent expansion of the scheme to mid-2021 would cover the re-opening period, however this has not transpired meaning that employers have not had the opportunity to avail of the scheme and re-opening is only now happening in a significant way in the period to year end.

It is intended to include the AIS in the range of measures that will be supported by Ireland’s REACT -EU funding allocation of €88m for 2021. REACT-EU is part of the Next Generation EU instrument and provides €50.6 billion additional funding over the course of 2021 and 2022 to Cohesion policy programmes. It continues and extends the European Union’s response to the COVID-19 pandemic and complements the Recovery and Resilience Facility which will support the green, digital and resilient recovery of the economy.

Since the launch of the Incentivisation Scheme, 3,338 online claims have been received by SOLAS in respect of 5,465 apprentices of which 4,307 apprentice claims have been validated to date with a current spend of €8.614m.

	2020	2021
Total Expenditure for 2020 & 2021	€4,164,000.00	€4,450,000.00
Number of Apprentices Registered in 2020 & 2021	3,903	3,197*
Number of Apprentices Claimed in 2020 & 2021	2,082	2,225
Percentage for which the financial support was received	53.34%	69.60%

* this figure excludes 335 Unique Applications totalling 548 Apprentices that are currently pending initial validation.

No of Claims Received in respect of Apprentices*	5,465
Percentage of Craft Apprentices	84%
Percentage of Consortia Led Apprentices	16%

* Figures include 4,307 valid claims and claims which are not validated at this point

Education and Training Boards

Questions (173)

Martin Kenny

Question:

173. Deputy Martin Kenny asked the Minister for Further and Higher Education, Research, Innovation and Science when adult literacy tutors will be given equal status to other teachers; when their pay and conditions will be brought up to the levels recommended by the Labour Court; and if he will make a statement on the matter. [35097/21]

Written answers

Minister of State at the Department of Further and Higher Education, Research, Innovation and Science

The Labour Court has made a recommendation in relation to a claim brought by SIPTU and TUI in respect of regularising the terms and conditions of Adult Education Tutors employed by Education and Training Boards which has been under consideration by officials in my Department, the Department of Education and the Department of Public Expenditure and Reform.

The recently ratified Public Service Agreement, Building Momentum, contains a mechanism to address outstanding adjudications, commitments, recommendations awards and claims within the terms of the quantum of the Sectoral Bargaining Fund available for agreed Sectoral Bargaining Units. My Department and officials from the Department of Education are engaging with the relevant unions to establish their sectoral bargaining priorities.

Covid-19 Pandemic

Questions (174)

Matt Carthy

Question:

174. Deputy Matt Carthy asked the Minister for Further and Higher Education, Research, Innovation and Science the guidance in place for third-level institutions and students in respect of arrangements for international student exchanges; and if he will make a statement on the matter. [28074/21]

Written answers

Minister for Further and Higher Education, Research, Innovation and Science

The Department is working with the higher education sector and student representative bodies to develop a protocol with key principles of assurance to ensure that the arrival of international students for the coming academic year is managed safely and in line with public health requirements.

This protocol will include all up-to-date public health measures and, in addition, will detail other arrangements such as familiarisation training for all international students in advance of their arrival. The protocol will also include assurances from the sector that students who arrive will be transported from the airport directly to suitable accommodation to allow them to adhere to the prevailing public health requirements regarding self quarantine.

Covid-19 Pandemic

Questions (175)

Mark Ward

Question:

175. Deputy Mark Ward asked the Minister for Further and Higher Education, Research, Innovation and Science when indoor community education services can reopen; and the number of persons that will be able to attend. [28203/21]

Written answers

Minister of State at the Department of Further and Higher Education, Research, Innovation and Science

Further and higher education institutions and providers, including community education funded by the Education and Training Boards, are enabling provision during the summer period which includes the resumption of research activity. This is to be managed in line with the discretionary framework to do so and the prevailing public health advice. This will provide an experiential basis for institutions and providers in organising and managing the safe return of students and learners on-site in the autumn through initially modest and manageable levels of provision.

Jury Service

Questions (176, 177, 178)

Catherine Murphy

Question:

176. Deputy Catherine Murphy asked the Minister for Justice the number of instances of reported jury intimidation or interference in each of the past ten years; and if she will make a statement on the matter. [35016/21]

Catherine Murphy

Question:

177. Deputy Catherine Murphy asked the Minister for Justice if her Department has examined the introduction of increased jury protection measures; and if she will make a statement on the matter. [35017/21]

Catherine Murphy

Question:

178. Deputy Catherine Murphy asked the Minister for Justice the status of the Working Group on Jury Service; when this work is expected to be completed; and if she will make a statement on the matter. [35018/21]

Written answers

Minister of State at the Department of Justice

I propose to take Questions Nos. 176 to 178, inclusive, together.

Under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service, which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service inform me that it makes every effort to provide a safe and secure environment for jurors who attend for jury duty and for those sworn onto a jury.

While entry and exit points in a courthouse may be a common area, the Courts Service advises that in many of the courthouses, particularly newer ones, there are private circulation routes within the building for members of a jury. No admittance will be allowed in jury assembly areas without a jury summons. Juries are assigned a Jury Minder who helps to guide the jury around the building and will remain with the jury while in the courtroom. These minders are in some instances members of An Garda Síochána, and others are trained in the required duties. All are very much alive to the issue of security and possible intimidation. If members of a jury are concerned about leaving the building they will seek the assistance of An Garda Síochána. Obviously in the context of the pandemic, the Courts Service have taken special measures to ensure the safety of jurors, including changing the way juries are summoned and empanelled, and giving them extra space to sit.

Section 41 of the Criminal Justice Act 1999 provides for the offence of intimidation of witnesses, jurors or potential jurors. An Garda Síochána has provided statistics on the number of instances of reported jury intimidation or interference in each of the past ten years. These are set out in the attached table.

The number of instances of reported jury intimidation or interference in each of the past ten years

The following statistics are provisional, operational and liable to change.

Year	Proceedings	Convictions
2011	58	19
2012	18	4
2013	22	7
2014	23	4
2015	31	13
2016	27	11
2017	38	7
2018	29	9
2019	43	9
2020	43	9
2021	11	0

The Working Group on Jury Service was established to examine the issues raised in the Report of the Law Reform Commission on Jury Service published in 2013 along with any relevant associated material. The LRC had raised a number of concerns in 2013, such as those relating to:

- How representative juries are of their communities;

- The wide group of people who can be excused as of right from jury service;

- Juries serving in lengthy or complex criminal trials;

- Issues around jury tampering;

- The reasonable accommodation of persons with disabilities to serve as jurors;

- The implications of on-line internet activity; and

- Wireless technology for the work and conduct of juries and issues of remuneration arising from jury service.

While the working group met on a number of occasions up to April 2019, unfortunately other priorities then overtook the work of that group. Its work is now being taken forward through my Department’s Statement of Strategy 2021-2023 and its priority objective to modernise the courts system. The overall operation of the jury system will be further reviewed in that context, including the work already carried out by the Working Group and any subsequent developments, in particular over the course of the pandemic. This review will be among the priorities set for my Department in 2022. Any reforms would of course require primary legislation and would build on other important reforms to jury service that have already been introduced in recent years.

Question No. 177 answered with Question No. 176.

Question No. 178 answered with Question No. 176.

Human Rights

Questions (179)

Catherine Murphy

Question:

179. Deputy Catherine Murphy asked the Minister for Justice if her Department has engaged with national and international human rights organisations in relation to the Special Criminal Court; if so, if she will provide the dates of these engagements; and if she will make a statement on the matter. [35019/21]

Written answers

Minister for Justice

The Deputy will be aware that the Special Criminal Court is established pursuant to Part V of the Offences Against the State Act 1939.

The Special Criminal Court was established to respond to the threat to the State and its people from republican terrorism over the decades and it continues to deal with the subversive threat from paramilitary groups and some serious organised crime cases.

The operation of the Court has been the subject of engagement with human rights organisations over the years, including, for example, in the context of Ireland’s Fifth Periodic Report to the International Covenant on Civil and Political Rights (ICCPR) in 2019.

As the Deputy will be aware, in February last Minister McEntee established an independent group of experts, under the Chair of the Hon. Mr Justice Michael Peart, former Judge of the Court of Appeal, who has been tasked with examining all aspects of the Offences Against the State Acts having regard to, amongst other matters, Ireland’s obligations in relation to Constitutional and ECHR rights and international law. As part of the review, the group are engaged in consultations with relevant stakeholders, including human rights organisations. The members of the Group itself include a number of experts in human rights.

An Garda Síochána

Questions (180, 181, 188)

Mairéad Farrell

Question:

180. Deputy Mairéad Farrell asked the Minister for Justice when the Garda Commissioner advised her of the true extent of the failure to respond to the 999 calls placed by members of the public which were recorded on the command and control systems in view of media reports in November 2020 that indicated that a significant number of 999 calls were not responded to. [35048/21]

Mairéad Farrell

Question:

181. Deputy Mairéad Farrell asked the Minister for Justice if the report from the Garda Commissioner to her in relation to a significant number of 999 calls that were not responded to by An Garda Síochána as reported in the media in November 2020 was made pursuant to the provisions of section 41 of the Garda Síochána Act 2005. [35049/21]

Holly Cairns

Question:

188. Deputy Holly Cairns asked the Minister for Justice the steps she is taking in response to the cancelling of emergency domestic violence calls by gardaí between 2019 and October 2020; and if she will make a statement on the matter. [35309/21]

Written answers

Minister for Justice

I propose to take Questions Nos. 180, 181 and 188 together.

I welcome the apology that was made by the Garda Commissioner last week and the Commissioner has assured me that when someone calls 999 now, they can expect and trust that An Garda Síochána will help. That should of course always be the case.

Any inappropriate cancellation of 999 calls is a very serious issue. This falls significantly below the high standards that the public expect from the Gardaí and the high standards that An Garda Síochána set for themselves. I am particularly concerned that anyone experiencing domestic abuse, and indeed anyone in a vulnerable position, who summoned the courage to seek assistance may not have received it.

An Garda Síochána wrote to the Secretary General of my Department on 4 December 2020 to inform the Department that a number of 999 calls had been cancelled on the AGS Computer Aided Despatch System and that An Garda Síochána was carrying out a review of the reasons behind this. The correspondence did not make explicit reference to section 41 of the Garda Síochána Act but was of course in keeping with the overall requirement of that section to keep the Minister and the Secretary General fully informed of matters of significance.

Following initial engagement by the Department with the Garda authorities, Minister Helen McEntee wrote to the Policing Authority on 5 February 2021 to ask the Authority to oversee the Garda review into this matter, which is ongoing. Once the Authority has completed its work, I will examine its conclusions, and any action that needs to be taken on foot of that report will be taken.

Both the Garda Commissioner and the Chair of the Policing Authority have briefed me on this matter in recent weeks. As the Deputy will be aware, the Commissioner also gave an account of these serious shortcomings at last week's public meeting with the Authority and outlined what steps have been taken to ensure it does not happen again, including how the processes have changed and that calls cannot now be cancelled other than by a supervisor. Additional training will also be provided to staff in order to ensure that they have the proper skills to carry out their duties.

The Commissioner has also confirmed to me that Gardaí are now contacting people whose 999 calls were cancelled to apologise and to ask if they require help from An Garda Síochána. It is vital that the best interests of victims of domestic abuse and anyone else whose calls were cancelled inappropriately are the priority focus throughout this process.

Question No. 181 answered with Question No. 180.

Residency Permits

Questions (182)

Bernard Durkan

Question:

182. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for residency status in the case of a person (details supplied); if their case falls under the Chenchooliah judgment; and if she will make a statement on the matter. [35085/21]

Written answers

Minister of State at the Department of Justice

An EU Treaty Rights review application was received from the person referred to by the Deputy on 5 February 2020. This review is in respect of a decision made in January 2020 to revoke their residence card as a family member of an EU citizen.

The Immigration Service of my Department has unfortunately been experiencing delays due to the COVID-19 crisis and staff have very limited access to offices and to the relevant case files. However, it is expected that the person concerned should receive a determination on their review application within the coming weeks. In the meantime, they have been granted temporary permission to reside in the State. As a determination has not yet been made on this person’s review, it would be premature to consider whether their case may or may not fall under the Chenchooliah judgment.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility ([e-mail]), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Restorative Justice

Questions (183)

Pa Daly

Question:

183. Deputy Pa Daly asked the Minister for Justice her plans in the area of restorative justice; and if she will make a statement on the matter. [35099/21]

Written answers

Minister of State at the Department of Justice

As the Deputy will be aware, restorative justice is a criminal justice process which has been shown to help victims recover from crime, reduce reoffending and save public resources and it is now widely accepted that restorative justice is compatible with the traditional criminal justice systems of both common law and civil law jurisdictions.

The Programme for Government includes a commitment to work with all criminal justice agencies to build capacity to deliver restorative justice safely and effectively.

The Probation Service has formally recognised restorative justice since the 1990s as one method within a suite of measures to provide an effective response to crime. In 2000, two dedicated community based projects were established - the Restorative Justice Service and Restorative Justice in the Community - both of which have since extended their catchment areas and now offer services across the Greater Dublin area, as well as Tipperary, Laois and Offaly respectively. These were established and funded through the Probation Service and both projects provide a restorative justice service to the courts through the use of reparation panels and /or victim offender mediation.

Significant developments since then include a report of the National Commission on Restorative Justice which was published in 2009 and the Report of the Penal Policy Review Group published in 2014. Both reports supported the wider application of Restorative Justice in probation practice. The Commission’s report recommended that the Probation Service continue to be the lead agency in implementing the wider application of restorative justice.

In addition, Section 78 of the Children Act (2001) made provision for the introduction of the Probation Family Conference. Following the commencement of the Act in 2005, this was rolled out through Young Persons Probation, a dedicated part of the Probation Service established to deliver the community sanctions provided for in the Act. While conferencing has now been integrated in to the supervision of some young people, the number of referrals from the courts has declined in recent years.

More recent developments in this area include the establishment in 2018 of the dedicated Restorative Justice and Victims Services Unit in the Probation Service, in response to the enactment of the Criminal Justice (Victims of Crime) Act 2017. Furthermore, the Joint Action Plan for the Management of Offenders 2019-2021 also contains a commitment to develop joint arrangements, including victim/offender mediation, for providing victims of crime with opportunities for positive, restorative responses to the harm they have experienced.

The Probation Service and my Department are stakeholders in a four year cross-European project (2019-2023), Restorative Justice: Strategies for Change (RJS4C), with partners from ten countries collaborating to implement the Council of Europe Recommendation that restorative justice should be available at any stage of the Criminal Justice process to any victim and any offender. To this end, the RJS4C has produced an Restorative Justice Collective Strategy for Ireland 2019-2023 to promote and increase awareness and accessibility to Restorative Justice.

The delivery of Restorative Justice safely and effectively is one of the strategic objectives for the Department over the next three years. Five high level actions have been identified and outlined in the Justice Plan 2021, two of which have been completed to date, including the mapping of the current state of play of Restorative Justice and the activation of a Restorative Justice case study website. In January this year, Minister of State Browne launched restorativejustice.ie. which is funded by the Department. This website maps the use of Restorative Justice in criminal justice in Ireland and contains over 35 case studies of both restorative justice and restorative practice and other resources.

Options have been developed for an appropriate mechanism and process to create awareness and availability of Restorative Justice at all stages of the criminal justice system, with consistency of service ensuring quality in training and practice and a stakeholder consultation will be held in the coming weeks. On foot of this consultation, my Department intends to finalise a policy paper in quarter three and it is intended to publish the policy proposals by year end.

Following publication of the policy paper and consideration of its contents, the next steps to delivering a mechanism and process to create greater awareness and availability of Restorative Justice interventions at all stages of the criminal justice system will involve the development of an Implementation Plan.

I believe that it is also important to note that my Department’s plan to help victims and vulnerable witnesses in sexual violence cases, Supporting A Victim’s Journey, also contains commitments to scope requirements for a more integrated consistent, visible and high quality Restorative Justice service for vulnerable victims who wish to pursue that pathway.

Citizenship Applications

Questions (184)

Bernard Durkan

Question:

184. Deputy Bernard J. Durkan asked the Minister for Justice the progress made to date in the determination of an application for citizenship in the case of a person (details supplied); when the application will be finalised; and if she will make a statement on the matter. [35115/21]

Written answers

Minister of State at the Department of Justice

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 22 September 2020.

This application for naturalisation continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at [e-mail], which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Immigration Status

Questions (185, 189)

Paul Murphy

Question:

185. Deputy Paul Murphy asked the Minister for Justice if her attention has been drawn to those who will not be included in the regularisation scheme (details supplied), for example, persons with pending applications under section 3 or deportation orders, persons with less than four years residence and persons living in Ireland a long time but have been undocumented less than four years; and if she will instruct her Department to include these persons within the regularisation scheme [35161/21]

Holly Cairns

Question:

189. Deputy Holly Cairns asked the Minister for Justice the steps she is taking to fulfil the Programme for Government commitment to create new pathways for long-term undocumented persons and their dependents meeting specified criteria to regularise their status within 18 months of the formation of the Government. [35310/21]

Written answers

Minister of State at the Department of Justice

I propose to take Questions Nos. 185 and 189 together.

Proposals for the draft scheme to regularise undocumented migrants are being developed in line with the commitment in the Programme for Government to bring forward a regularisation scheme within 18 months of the formation of the Government, to create new pathways for long-term undocumented people and their dependents. Applicants will need to meet specific criteria and these will be formed with a clear consideration of Ireland's European Union (EU) and Common Travel Area (CTA) commitments.

Our consultation process has provided an opportunity for stakeholders to express their views on the proposed approach to the scheme. My Department continues to work to finalise the details, including eligibility considerations and qualifying criteria.

As I have outlined, eligibility for this regularisation scheme will be determined by specific criteria, and is guided by research, including the learning from previous regularisation schemes, such as the 2018 Student Scheme. Those operated by other EU Member States are also being considered in its development.

As outlined in the Justice Plan 2021, we will launch the scheme later this year and work is underway in my Department to give effect to this commitment, with the scheme opening to applications before the end of year.

An Garda Síochána

Questions (186)

Richard O'Donoghue

Question:

186. Deputy Richard O'Donoghue asked the Minister for Justice the number of pedal cycles reported stolen to gardaí in 2020 and to date in 2021, in tabular form; and if she will make a statement on the matter. [35209/21]

Written answers

Minister for Justice

As the Deputy will be aware, theft is an offence under section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001. Anyone convicted of a theft offence is liable to a fine or up to 10 years imprisonment. Under section 14 of the Act, a person found guilty of robbery (theft using coercion or force) is potentially liable on conviction on indictment to life imprisonment. As the Deputy will appreciate, the sentence in any individual case is a matter for the presiding Judge.

The table below, which has been provided to me the Central Statistics Office (CSO), sets out the number of recorded incidents of bicycle theft in 2020 and up to end quarter 1 of 2021. Please note that these crime statistics are published under reservation.

Recorded incidents of bicycle theft 2020 to quarter 1, 2021	2020	2021
Incident type - 0824 Theft/Unauthorised taking of a pedal cycle - Source data from An Garda Síochána	5,229	812

The Central Statistics Office (CSO) produce regular quarterly updates on the crime figures and make these available on their website at the following link:

www.cso.ie/en/statistics/crimeandjustice/recordedcrime-statisticsunderreservation/

The next quarterly release will include the period from 1st April 2021 to 30th June. In the interim, I am advised by the Garda authorities that a search of the PULSE database was conducted on the 28 June 2021 to identify any incidents of theft or unauthorised taking of a pedal cycle reported between 1 April 2021 and 27 June 2021 inclusive. An Garda Síochána confirm that 1,057 incidents of bicycle theft were reported during this period. These figures are operational and may be liable to change. Crime counting rules are applied.

The Deputy may be aware that there are a number of initiatives being taken by An Garda Síochána to tackle bike theft, including the ‘Lock it or Lose it’ initiative which was announced on 13 May and which focuses on reminding the public to take extra precautions to keep their bikes safe by locking them in the most secure way possible.

The Blue Bike scheme has also been designed to highlight bike theft hotspots by placing an end of life bike, painted blue, in such areas with a large sign, warning members of the public to lock their bikes and be aware of bike theft. This scheme has three goals:

1. To warn the public that bike thieves are operating in the area;

2. To deter crime by informing offenders that An Garda Síochána are monitoring the area; and

3. To thereby create a safer place for members of the public to lock and secure their bikes.

I am informed that, in addition to the ‘Lock it or Lose it’ and Blue Bike initiatives, Gardaí will be resuming property marking schemes and the use of so-called ‘bait bicycles’ in areas which have been identified as bike theft hotspots as we emerge from COVID-19. Other responses that will be pursued by Gardaí include surveillance of known offenders, the monitoring of any offenders’ current bail conditions and where necessary the appropriate action of any breach of their bail with the relevant courts, and proactive policing, both overt and covert, of hotspot areas.